NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits, Region7 1285 Fisher Avenue, Cortland, NY1 13045-1012 P:(607)7 753-30951 IE:( (607,753-8532 www.dec.ny.gov July 14, 2016 Mr. Matt Cook, VP Operations Leatherstocking Gas Company 49 Court Street Binghamton, NY1 13902 Dear Mr. Cook: Enclosed is the new NYSDEC Individual Water Quality Certification for the Windsor Distribution System as proposed in plans prepared by Christopher Karelus of DDS Companies. Please note: 1. The permit is valid for only that activity specifically represented in your permit application and authorized in writing in the permit itself. Any deviation from the activity authorized in the permit or described in your application may require additional approval(s) or corrective action; 2. Review the General and Special Conditions carefully. Ifyouz are unsure of your obligations under 3. If, for any reason, you believe you will be unable to comply or remain in compliance with the 4. Please check the expiration date and any requirements for renewal or modification ofy your permit; 5. Please keep the permit in a safe place for reference and a copy at the work site and have your Thei identification numbers help us communicate with you. Please reference them in any 7. Caution: Your project may be subject to thej jurisdiction of the US Army Corps of Engineers. Contact them in the Auburn Field Office at 315-255-8095 with any questions. 8. Be advised, the Uniform Procedures Regulations (GNYCRRI Part 621) provide that an applicant may request a public hearing ifa permit is denied or contains conditions which are unacceptable tot them. Any such request must be made in writing within 30 calendar days of the date of [this denial) [permit issuance] and must be addressed to the Regional Permit Administrator at the letterhead address. A copy should also be sent to the Chief Administrative Law. Judge at the permit, please bring your questions to our attention; terms of your permit, please contact us; contractor read and abide by its conditions; subsequent communications; NYSDEC, 625 Broadway, 1st Floor, Albany, NY 12233-1550. Thank you. Sincerely, Gugu Josepl/M. Dlugolenski Deputy Regional Permit Administrator cedugoens@senygo. Enc. Permit 7-0350-00134 CC: Christopher Karelus, DDA Companies Supervisor; Town ofWindsor File NEWYORK Departmento of SALAPpan Environmental Conservation NEW YORK STATEI DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DECI ID 7-0350-00134 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: Leatherstocking Gas Company LLC 49 Court St Binghamton, NY 13902 (607)936-3755 Facility: Fordway Rd to Village Windsor, NY 13865 Leatherstocking Gas Windsor Distribution Facility Location: in WINDSOR inl BROOME COUNTY Facility Principal Reference Point: NYTM-E: 447.429 NYTM-N: 4660.234 Authorized Activity: This permit authorizes the installation of new gas distribution mains all in Latitude: 42°05'32.7" Longitude: 75938'08.5" accordance with plans submitted and all permit conditions herein. Permit Authorizations: Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 7-0350-00134/00001 New Permit Effective Date: 7/14/2016 Expiration Date: 7/13/2018 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this Permit Administrator: JOSEPH MI DLUGOLENSKI, Deputy Regional Permit Administrator permit. Address: NYSDEC Region 7 Cortland Sub-Office 1285 Fisher Ave Cortland, NY 13045 -1090 Authorized Signature: glaphnd Date 7/420lo Page 1of5 NEW YORK: STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DECI ID 7-0350-00134 Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLYTO, ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS: - Apply to the Following 1. Conformance With Plans All activities authorized by this permit must bei in strict conformance with the approved plans submitted by the applicant or applicant's agent as part oft the permit application. Such approved plans were prepared by The DDS Companies, Christohper Karelus submitted. June 3, 2. Directional Bores Directional bores should be at least 6: feet below the bed ofthe Susquehanna River, Occanum Creek and Sanford Creek. Bore pits shall be located landward of existing top oft banks. All drill cuttings shall be disposed in a proper manner and shall not re-enter any waterbody or wetland. 3. No Operation of Equipment in Water No operation of equipment in flowing water is permitted. Flowing water must be bypassed around work site by use of cofferdams and pumps, or other effective measures, to ensure continuous flow of water downstream from worksite and maintain flowing water 4. Contact DEC Ifany circumstances arise that require al modification to the proposed plans, the permittee shall notify thel NYSDEC Permit Administrator of any changes prior to undertaking such 5. Restore Disturbed Areas All disturbed areas durign construction shall be stabilized immediately after re-grading with seed, mulch, straw, etc to prevent uncontrolled stormwater runoffofsediments into 6. State May Order Removal or Alteration of Work Iffuture operations byt the State ofNew York require an alteration in thej position ofthe structure or work herein authorized, or if, in the opinion ofthe Department of] Environmental Conservation it shall cause unreasonable obstruction to the free navigation ofs said waters or flood flows or endanger the health, safety or welfare of thej people of the State, or cause loss or destruction oft the natural resources oft the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation oft this permit, the structure, fill, excavation, or other modification oft the watercourse hereby authorized shall not be completed, the owners, shall, without expense tot the State, and to: such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion oft the uncompleted structure or fill and restore to its former condition the navigable and flood capacity oft the watercourse. No claim shall Permits: WATER QUALITY CERTIFICATION 2016. quality, i.e. clarity, the same as upstream oft the work site. changes. any nearby streams or wetlands. Page 2 of5 NEW YORK STATE DEPARTMENT OFI ENVIRONMENTAL CONSERVATION be made against the State ofNew York on account of any such removal or alteration. Facility DECI ID 7-0350-00134 7. State May Require Site Restoration Ifupon the expiration or revocation oft this permit, thej project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion ofthe uncompleted structure or fill and restore the: site to its former condition. No claim shall be made against the State ofNew York on account of any such removal or 8.1 Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination ofa any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials 9. State Not Liable for Damage The State of New York shall ini no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement ofnavigation, or for other purposes, and no alteration. associated with thej project. claim or right to compensation shall accrue from any such damage. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The authorized project, as conditioned pursuant to the Certificate, complies with Section 301,302, 303,306, and 307 ofthe Federal Water Pollution Control Act, as amended and as implemented by the limitations, standards, and criteria ofs state: statutory and regulatory requirements set forth in 6NYCRR Section 608.9(a). The authorized project, as conditioned, will also comply with applicable New York State water quality standards, including but not] limited to effluent limitations, best usages and thermal discharge criteria, as applicable, as: set forth in 6NYCRR Parts 701, 702, 703, and 704. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative oft the Department ofl Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to. ECL 71-0301 The permittee shall provide a person to accompany the Department's representative during an inspection A copy oft this permit, including all referenced maps, drawings and special conditions, must be available for inspection by thel Department at all times at the project site or facility. Failure to produce a copy of 2. Relationship oft this Permit to Other Department Orders and Determinations Unless expressly and SAPA.401(3). to the permit area when requested by the Department. the permit upon request by al Department representative: is a violation of this permit. Page 3of5 NEW YORK: STATE DEPARTMENT OF ENVIRONMENTALCONSERVATION Facility DECI ID 7-0350-00134 provided for by the Department, issuance oft this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any ofthe terms, conditions or requirements 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must bei in writing. Submission of contained in such order or determination. applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC Region 7 Cortland Sub-Office 1285 Fisher Ave Cortland, NY13045-1090 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Water Quality Certification. 5.1 Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The a. materially false or inaccurate statements in thej permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; C. exceeding the scope of the project as described in the permit application; grounds for modification, suspension or revocation include: d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance oft the existing permit; e. noncompliance with previously issued permit conditions, orders oft the commissioner, any provisions oft the Environmental Conservation Law or regulations ofthe Department related to 6. Permit' Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of the permitted activity. ownership. Page 4 of5 NEW YORK STATE. DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DECI ID 7-0350-00134 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees tol Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of] Environmental Conservation of the State ofNew York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions oft the permit. Thisi indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 oft the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this] permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations oft the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized byt this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order toj perform the permitted work nor does it authorize the impairment of any rights, title, or interest ini real or personal property held or vested in aj person not aj party to the permit. Page 5 of5